The cancellation of the appointment was justified due to the tainted selection process and the violation of recruitment rules. Equal opportunity in public employment is a constitutional mandate.

ORDER :

The order impugned dated 17.10.2017, cancelling the appointment of the writ petitioner as Electrician is under challenge in the present writ petition.

2. The petitioner states that pursuant to the Recruitment Notification issued by the third respondent, he participated in the process of selection for appointment to the post of Electrician. The petitioner states that he possessed the requisite qualification for selection to the post of Electrician. The petitioner participated in the interview on 04.01.2017 and he was appointed as Electrician on 04.01.2017 and joined on 11.01.2017 in Modern Rice Mill, Kallakurichi. While the petitioner was working, the third respondent issued the impugned order dated 17.10.2017, cancelling his appointment on the ground that the selection was confined to SC Candidates alone and no other candidates from other communities were called for, despite the availability of seven candidates from BC and MBC and no written test was conducted. The petitioner states that the order impugned was issued without any notice.

3. The learned counsel for the petitioner mainly contended that the selection was conducted by following the procedures and the petitioner was successful in the process of selection and consequently, appointed to the post of Electrician. Thus, there was no infirmity in respect of the selection and appointment of the writ petitioner and the non-selection of the other community candidates cannot be a ground to cancel the appointment issued in favour of the writ petitioner. Though written test was not conducted, the interview was conducted as per the Notification. The Employment Exchange sponsored five candidates, 4 from SC community and 1 from BC community. In response to the paper publication, 11 candidates including the petitioner applied. Out of the 11 candidates, 4 candidates belong to BC, 1 from BC (Muslim), 2 from MBC and 4 from SC/ST. Therefore, the procedure as such notified were followed and the petitioner was appointed. If at all any error occurred in the process of selection, the petitioner cannot be penalized.

4. The learned counsel for the respondents objected the said contentions raised on behalf of the petitioner by stating that the petitioner had an opportunity of appeal before the first respondent and he has not exhausted the said appeal as per Regulation 23 of the Tamil Nadu Civil Supplies Corporation Employee-s Service Regulation.

5. The 3rd respondent had called for a list of three candidates from Villupuram Employment Exchange for appointing 3 Electricians post in the 200 point roster Sl.No.1, General Sl.No.2. Scheduled castes and Sl.No.3, Most Backward Classes vide Letter dated 25.10.2011 and 10.11.2011. The District Employment Officer, Villupuram had sent a list of 3 set of candidates in the above mentioned communal roster in duplicate vide Letter No.2011 G.O.216 dated 14.11.2011. But, the 3rd respondent had appointed 2 Electrician post in 200 point roster Sl.No.1 General turn Thiru.G.Nethaaji, S/o.L.Gajendran and Sl.No.2, Scheduled Caste T.Mahadevan, S/o.Thanjavelu vide Proc.No.E13/17588/2010, dated 05.12.2011. The above mentioned 2 Electricians appointments have been informed to the District Employment Officer in vide Letter dated 05.06.2012.

6. In the year 2014, the 3rd respondent had identified two Electrician posts vacant in the Modern Rice Mill, Kallakurichi and Thirukoilur, consequently the 3rd respondents called a list of candidate for appointing 2 Electrician in the 200 point roster Sl.No.3, Most Backward Classes (Non priority) & SI.No.4, S.C. General (Non priority) vide Lr.No.E13/5092/2014, dated 08.12.2014, Sl.No.4, General (Non priority), which is against the G.O.Ms.No.65. The correct turn of the roster Sl.No.3, Most Backward Caste and Sl.No.4, Backward Classes (Other than Backward Class Muslims). However, District Employment Officer, Villupuram had sponso